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Home My Public Portal AboutORD14121 BILL NO. 2006-90 • SPONSORED BY Councilman Berry ORDINANCE NO. 1 LI / -"/ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT FOR SPACE IN THE TERMINAL BUILDING AT THE JEFFERSON CITY MEMORIAL AIRPORT WITH LC FLIGHT SHOP. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1 The Mayorand Clerk are hereby authorized to execute a lease agreement forspace in the Terminal Building at the Jefferson City Memorial Airport with LC Flight Shop for the purpose of operating a retail pilot supply store. Section 2• The lease shall be substantially the same in form and content as Exhibit A attached hereto. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: / I l / 9/,(O fA UU� o ov U • Pre dl'-g-Officer /Mayor A -EST: A TO FORM:City city • -1- • Ord . 1912-1 f • CITY OF JEFFERSON LEASE AGREEMENT Y10% ��V THIS LEASE made and entered into on the�_day of Getobur,2006,by and between the City of Jefferson,a municipal corporation,hereinafter referred to as"Lessor,"and L.C. Plight Shop,hereinafter referred to as"Tenant." WITNESSETII: Lessor hereby leases unto Tenant and Tenant hereby takes from the Lessor as Tenant,the premises commonly known as the Airport Terminal Conference Room, for a term of one(1)year commencing on the 1 st day of November,2006 and tenninating on the 31 st day of October,2007,with an option to renew said lease upon mutual agreement for four(4) additional terms of one(1)year on the same tcmis and conditions. The option to renew said lease shall be expressed by Tenant by giving written notice to Lessor of such desire to renew vaid lease at least ninety(90)days prior to the expiration of the then current one(1)year period. As rental for said property,Tenant shall pay to the Lessor during the term November 1,2006 through October3l,2007, the sum of Pour Thousand Eight Hundred Dollars($4,800.00). Payment of the rent due under this lease shall be paid in equal monthly installments and shall be due and payable in advance on the first day of each and every month to the City of Jefferson,Department of Community Development,Airport Division. If the lease is renewed as set out herein, the rent shall remain the same,subject to any adjustments provided herein. Lessor covenants and agrees: • (a) Lessor agrees that it has furnished to Tenant the carpet,sunscreens,and Tenant are authorized to use this equipment belonging to the Lessor and Tenant agree to maintain and keep in good repair the carpet and sunscreens at its own expense,ordinary wear and tear excepted. (b) Lessor agrees to be responsible for utilities. (c) Lessor will put Tenant in possession of the demised premises, and that as long as Tenant pays rent hereby specified observes and performs the several covenants and provisions herein provided to be performed on the part of Tenant,Tenant shall peaceably hold and enjoy thedemised premises,within the terms hereof without interruption from Lessor. (d) Lessor will maintain fire, liability and extended coverage upon said building and equipment owned by Lessor in said building. Tenant covenant and agree: (a) To furnish all furniture and fixtures necessary for the operation of the L.C.Plight Shop. (b) To pay the rent at the time and in the manner herein specified to Lessor at the City of Jefferson,320 East McCarty Street,Jefferson City, Missouri,or such other place as may be designated by Lessor. (c) To use the property for the operation of a pilot supply store and for no other purposes. • UiComut FildIcamI.C Flight Shop'llligl0 Simp lcam 2006.1 I.wpd • (d) Not to assign this lease or sublet said premises,or any part thereof,without first obtaining the written consent of Lessor. (e) Not to make any alteration or remodeling of any kind on said premises without first obtaining the written consent of Lessor. (Q Tenant shall maintain the leased premises at all limes in a safe,neat and sightly condition and shall not permit the accumulation of any trash or debris on the premises. Tenant shall provide a complete and proper arrangement for the adequate sanitary handling and disposal,away from the nirport,of all trash,garbage and other refuse resulting from the operation of its business. Tenant shall provide and use proper receptacles for all such garbage,trash and other refuse. (g) To permit Lessor, or its authorized agents, to enter said premises at any time for the purpose of inspecting or making repairs, and for all other purposes. (h) To establish hours of operation and submit schedules to Lessor in advance of any schedule change. (i) This lease may be canceled by Lessor if Tcna t fail to make any rental payment at the time it is due, or for any violation of other covenants contained in this lease. If Tenant fail to correct any default within five (5) days niter Lessor has given written notice thereof, Lessor may take immediate possession of the leased premises and remove Tcnant'effects forcibly, if necessary, without being deemed guilty of trespassing. If the default causes an immediate danger to Lessor, the public or to • adjoining facilities, Lessor may close the leased premises and/or correct the dangerous condition at the expense of Tenant. Failure of Lessor to declare this lease terminated upon any default of Tenant shall not operate to bar, destroy or waive the right of Lessor to cancel this lease by reason of any subsequent violation of the terms hereof. (j) At the termination of this lease,whether at the expiration of the term or upon forfeiture,Tenant agree to surrender peaceful possession of said premises and all equipment furnished by Lessor, in good condition,usual wear and tear excepted. (k) Tcnant for themselves, their heirs, personal representatives, successors in interest,and assigns,as a part of the consideration hereof,do hereby covenant and agree as a covenant running with the land that in the event facilities arcconsiructcd,maintained,orotherwise operated on the said property described in this lease for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits,Tenant shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CI-R Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. (1) Tenant for themselves,their personal representatives,successors in interest,and assigns,as a part of the consideration hereof,do hereby covenant and agree as a covenant running with the laid that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of,or be otherwise subjected to discrimination in the use of said facilities,(2)that in the construction of any improvements on,over,or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from • participation in,denied the benefits of, or otherwise be subjected to discrimination, (3) that Tenant shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CM Ui Contnd 1'ilea7eatte`LC ni6h1 Sholfr1ig14 Slap l4aue 2006.1 I.rpd • Part 21,Nondiscrimination in Federally Assisted Programs ofthe Department of Transportation,and as said Regulations may be amended. (m) Tenant assure that they will undertake an affirmative action program as Required by 14 CFR Part 153, Subpart B,to insure that no person shall on the grounds or race,creed, color, national origin,or sex be excluded from participating in any employment activities covered in 14 CFR Part 152,Subpart 13. Tenant assure that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by this Subpart. Tenant assure that they will require that their covered suborganizations provide assurances to Tenant that they similarly will undertake affirmative action programs and that they will require assurances from their suborgani7ations, as required by 14 CFR Pail 152, Subpart G, to Ibe sane effect. (n) During time of war or national emergency Lessor shall have the right to enter into an agreement with the United Slates Government for military or naval use of part or all of the landing area,the publicly- owncd air navigation facilities and/or other areas or facilities of the airport. If any such agreement is executed,the provisions of the agreement with the Government, shall be suspended. (o) This lease shall become subordinate to provisions of any existing or future agreement between the Lessor and the United States of America or any agency thereof relative to the operation,development, or maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the airport. • (p) Tenant shall procure and maintain in effect for the term of this agreement, with insurance carriers acceptable to Lessor public liability insurance covering all of Tenant' activities on leased premises at the airport. The policy limits of the Public Liability Insurance shall be not less than$300,000 for one person and $2,000,000 for any one occurrence. The limits specified shall apply separately to personal injury and to property damage. The City of Jefferson shall be listed as An additional insured on the policies. Tenant shall provide for the City of Jefferson a true copy of such insurance coverage, and the policies shall contain a provision that said policies cannot be canceled or materially modified except upon ten(10)days advanced written notice to Lessor. (q) Tenant will clean and maintain the said premises leased to him in suitable condition for Tenant's business. It is mutually Agreed; (a) That in the event that the premises leased hereunder is destroyed without fault of Tenant this lease shall terminate. (b) That if the building and premises are damaged without fault of Tenant so as to render the premises unTenantable, and the same cannot be restored to a condition substantially as good as prior to the damages, within forty-five(45)days,either party may terminate this lease by giving the other party written notice thereof within ten(10)days alter the damage. In the event of damage to the building and premises, and the lease is not terminated, Lessor will, as promptly as possible, restore same to condition substantially equal to its condition before the damage,and rent due will be prorated fordays lost. • WY'omncs Fiks`kws1.C IT& SIV1011s6151WP 1. 2006.1I.%PJ 3 • (c) That any notice provided for herein may be given to the parties by personal service or by registered mail addressed to Lessor at City of Jefferson, 320 East McCarty Street, Jefferson City, Missouri, 65101, or to Tenant at the premises herein leased or mailed to David & Anita Martin, L.C. Flight Shop,501 Airport Road, Suite A,Jefferson City, Missouri, 65101. (d) That this Agreement shall be binding upon the parties theirexecutors,administrators,heirs and assigns subject always to the restriction herein contained as to the subletting or assignment of this lease. This agreement shall be govcmcd by and construed in accordance with laws of the State of Missouri. This agreement constitutes the entire agreement between Lessor and Tenant. LESSOR TENANT CITYOFJEFFERSON MISSOURI Mayor David Martin A City Clerk Anita Martin APPRO AS T City Counselor • M av • U:Conima FiletlesweLC night ShoVnighl Shop lcue 20061 l.wpd 4